The Ombudsman's final decision
Summary: We will not investigate this complaint that a child was made subject to a child protection plan under the incorrect category. This is because we could not add to the investigation carried out by the Council.
The complaint
The complainant, who I will call Miss X, complains that her child was made subject to a child protection plan under the incorrect category. Miss X says the decision suggests that she poses a risk to her child when this is not the case. Miss X would like the category changed on records and for professionals to be informed.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s children’s services called an Initial Child Protection Conference (ICPC) which concluded that Miss X’s unborn child should be made subject of a child protection plan, under the category of neglect. Miss X complained that this was the incorrect category and implied she posed a risk to her child.
The ICPC is a multi-agency body and it not in itself a body in the Ombudsman’s jurisdiction. However, we can consider how the complaints process has been followed.
The Council upheld Miss X’s complaint, agreeing that the incorrect category was recorded on the child protection plan. It agreed to amend the relevant documents and is in the process of doing this. It has contacted professionals and informed them of the change. It has written to Miss X to apologise for the error and has placed a letter on her child’s case file explaining the error. It has said it cannot amend the minutes of the ICPC because they are an accurate record of what was agreed at the meeting.
I will not investigate Miss X’s complaint. This is because the Council has acknowledged fault and has taken appropriate steps to remedy the injustice that caused. We therefore could not add anything meaningful to the investigation already carried out by the Council. Miss X would like the minutes of the ICPC to be amended but this is not an outcome we can achieve, this is because the minutes reflect what was said and agreed by attendees.
Final decision
We will not investigate Miss X’s complaint because we cannot add to the Council’s investigation.
Investigator's decision on behalf of the Ombudsman